24.(2A) In respect of any group representation constituency, no writ shall be issued under subsection (1) for an election to fill any vacancy unless all the Members for that constituency have vacated their seats in Parliament.
Uncle Yap posted in his blog on the legal provisions in our Constitution about holding of by election. The specific article of interest is posted above. I can understand why he is so furious with the provision. I too do not feel comfortable with it. And I believe every layman would be staring at it very hard, and very skeptical as to why the law is such. The immediate reaction is negative for sure. And no one can blame the lay people for their thoughts and reactions.
How can? What if kena langgar and 5 out of 6 or 4 out of 5 mati how? Superficially it would seem that a single MP would not be able to do justice to represent a whole GRC which by law is provided with 5 or 6 MPs to do the job. But the law is not something that is suka suka written by the unthinking lay people. The law is drafted carefully by very learned people and passed by very talented people in Parliament with good intention and the spirit of serving the people and country. It is meant to be good. The basic nature of the law is good. The law and the reason behind the law must be noble and with good intention. So how can this be seen so negatively?
I sat down and went into quiet contemplation and after several hours I was enlightened by the wisdom and beauty of the law. Now I understand why the lay people are called lay people, because they don’t have the wisdom and intellect to see beyond the tip of their nose. This law is very cleverly crafted to serve the interest of the people and not the leaders as some may think so. All the apprehension of flaws in this law is unfounded. If not, the talented and noble law makers would not have passed it.
Let me explain. The thinking behind this law is very far sighted and practical and has taken into consideration all the reservations and contingencies like 5 die and only one left to run the show. The first practical consideration is that you don’t suka suka hold by elections because someone got sack for a little indiscretion or someone wants to replace another one. Holding a by election is a very serious matter and involves a lot of people, logistics and money. So, unless very necessary like all the MP dies, one left standing should be good enough. Further, he can call on the support of other grassroot leaders to help out. So the people would not be deprived of being served by MPs. And not to forget, the MPs of today are so talented and full of energy that running around a GRC to serve the people on an OMO basis is a piece of cake. They don’t mind the sacrifice. And they are damn good at multi tasking.
But the truth is that it is unlikely that 4 out of 5 or 5 out of 6 MPs can kena langgar all at one time. The probability is so low that there is no need to worry about it. The reason and wisdom of the law maker cannot be doubted on this. For it to happen is more difficult than striking toto, or maybe once in 50 years. No, make it once in 500 years.
The people need not be unduly concerned about the law. It is very well thought out and the spirit and intent are definitely good and noble. You can have faith and confidence in the law makers for doing the right thing. If you don’t agree with my interpretation, please find a quiet corner to do some deep contemplation and you will see light at the end of the tunnel, and believe me. The law is as good as it can be.